Louisiana 2010 Regular Session

Louisiana Senate Bill SB770

Introduced
4/20/10  

Caption

Requires the Department of Health and Hospitals to delegate certain hearing and adjudication functions to the division of administrative law. (8/15/10)

Impact

The proposed bill brings significant changes to the structure of adjudication within the state’s healthcare system. By shifting responsibility to the division of administrative law, it may improve efficiency in handling adjudications as this division may have specialized expertise in administrative law matters. However, the requirement for the DHH to prove any exemption from this delegation due to federal mandates places an additional administrative burden on the department, which could complicate the implementation process. Furthermore, it may lead to inconsistencies in how hearings are handled in cases where federal law applies.

Summary

Senate Bill 770, introduced by Senator Cheek, mandates the delegation of adjudicatory and fair hearing functions from the Department of Health and Hospitals (DHH) to the division of administrative law. This delegation is contingent upon the DHH not being barred by federal law from this transfer. The bill aims to streamline the administrative processes involved in adjudications and fair hearings related to healthcare regulations, thereby potentially expediting decision-making and alleviating the burden on the DHH. It is set to take effect on August 15, 2010, with a targeted completion for resource transfers by January 1, 2011.

Sentiment

The sentiment around SB770 appears to be pragmatic, focusing on the need for efficiency in adjudicatory processes within the healthcare system. Proponents may argue that the shift to the division of administrative law will enhance the effectiveness of adjudication and alignment with administrative legal standards. However, there could be concerns over the delegation process itself, particularly regarding the apprehension of potential delays or complications arising from federal mandates that could inhibit effective implementation. The bill reflects an intention to balance state law execution with compliance to federally mandated requirements.

Contention

One notable point of contention within the discussions surrounding SB770 is the potential conflict between state and federal authorities concerning the delegation of adjudicatory functions. The wording of the bill stipulates that any federal mandates affecting the delegation must be proven by the DHH, raising questions about the feasibility of such a burden. There is also the concern that the delegation may not fully encapsulate the nuances of state-specific adjudications, leading to a more generalized approach that might not address unique local healthcare needs adequately.

Companion Bills

No companion bills found.

Previously Filed As

LA HB665

Requires the departments of health and hospitals, social services, and education to delegate certain hearing and adjudication functions to the division of administrative law (OR SEE FISC NOTE SD EX)

LA HB78

Requires the departments of health and hospitals, social services, and education to delegate certain hearing and adjudication functions to the division of administrative law (RE SEE FISC NOTE SD EX)

LA SB229

Transferring adjudicatory functions for worker’s compensation from the Division of Hearings and Appeals in the Department of Administration to the Department of Workforce Development. (FE)

LA AB232

Transferring adjudicatory functions for worker’s compensation from the Division of Hearings and Appeals in the Department of Administration to the Department of Workforce Development. (FE)

LA SB01188

An Act Establishing The Division Of Administrative Hearings.

LA SB00284

An Act Creating A Division Of Administrative Hearings.

LA HB2154

Relating to the functions and operation of the State Office of Administrative Hearings.

LA HB522

Exempts the Department of Public Safety and Corrections, public safety services, from the provisions of law relative to adjudications by the division of administrative law

LA HB68

Provides that certain appeals and hearings formerly conducted by the bureau of appeals of the Dept. of Health and Hospitals shall be conducted by the division of administrative law (EN NO IMPACT See Note)

LA SB2402

Department of Corrections; create the Division of Parole to perform the administrative and fiscal functions of the Parole Board.

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